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South African Constitutional Court

Buffalo City Metropolitan Municipality versus Metgovis (Pty) Limited CCT 78/18

The central issue for determination is whether the Court a quo did not misapply South African law on conclusion of a tacit contract involving the Applicant, an organ of State, on procurement of a service provider, when it found that “Where a response has been requested from a party and that party has failed to respond, a tacit contract may be inferred, when according to ordinary commercial practice and human expectation firm repudiation of such assertion would be the norm if it was not accepted”.

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Judges Uphold Dismiss Judges Biography
Chief Justice Mogoeng Mogoeng View Biography
Deputy Chief Justice Ray Zondo View Biography
Justice Edwin Cameron View Biography
Justice Johan Froneman View Biography
Justice Chris Jafta View Biography
Justice Sisi Khampepe View Biography
Justice Mbuyiseli Russel Madlanga View Biography
Justice Nonkosi Zoliswa Mhlantla View Biography
Justice Leona Valerie Theron View Biography

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